National Green Tribunal
Compliance Of Municipal Solid Waste ... vs . Union Of on 19 March, 2024
Item No. 07 Court No. 2
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 606/2018
(I.A. No. 163/2021)
(In respect of State of Assam)
Compliance of Municipal Solid Waste Management Rules, 2016 and other
environmental issues.
Date of hearing: 19.03.2024
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Smt Kavitha Padmanabhan, Commissioner and Secretary, Department of
Housing and Urban Affairs
Shri Megha Nidhi Dahal, Commissioner, Guwahati Municipal Corporation
Capt Anbamuthan MP, CEO, GMDA
Nayanyoti Bhagawati , State Mission Director, SBM - U, Assam
Samprity Goswami , Additional Mission Director , SBM U, Assam
Dr Shantanu Kr Dutta, Member Secretary, PCB Assam
ORDER
1. The issue of solid as well as liquid waste management is being monitored by this Tribunal as per orders of Supreme Court order dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel vs. Union of India & Ors., with regard to solid waste management and order dated 22.02.2017 in W.P. No. 375/2012, reported in (2017) 5 SCC 326, Paryavaran Suraksha vs. Union of India, with regard to liquid waste management. Other related issues include pollution of 351 river stretches, 124 non-attainment cities in terms of air quality, 100 polluted industrial clusters, illegal sand mining etc. have also been dealt with separately. We propose to limit the proceedings in the present matter to two issues of solid waste and sewage management.
12. While transferring the issue of solid waste management vide Order dated 02.09.2014 in Writ Petition No. 888/1996, Almitra H. Patel Vs. Union of India & Ors., Supreme Court observed "handling of solid municipal waste is a perennial challenge and would require constant efforts and monitoring with a view to making the municipal authorities concerned accountable, taking note of dereliction, if any, issuing suitable directions consistent with the said Rules and direction incidental to the purpose underlying the Rules such as upgradation of technology wherever possible. All these matters can, in our opinion, be best left to be handled by the National Green Tribunal established under the National Green Tribunal Act, 2010.
The Tribunal, it is common ground, is not only equipped with the necessary expertise to examine and deal with the environment related issues but is also competent to issue in appropriate cases directions considered necessary for enforcing the statutory provisions."
3. Before transferring the said proceedings, matter was monitored by Supreme Court for about eighteen years and orders passed include (2000) 2 SCC 679 and (2004) 13 SCC 538, directing scientific disposal of waste by setting up of compost plants/processing plants, preventing water percolation through heaps of garbage, creating focused 'solid waste management cells' in all States and complying with the Municipal Solid Waste Management Rules, 2000 (now replaced by SWM Rules, 2016). It was observed that the local authorities constituted for providing services to the citizens are lethargic and insufficient in their functioning which is impermissible. Non-accountability has led to lack of effort on the part of the employees. Domestic garbage and sewage along with poor drainage system in an unplanned manner 2 contribute heavily to the problem of solid waste. The number of slums has multiplied significantly occupying large areas of public land. Promise of free land attracts more land grabbers. Instead of "slum clearance"
there is "slum creation" in cities which is further aggravating the problem of domestic waste being strewn in the open. Accordingly, the Court directed that provisions pertaining to sanitation and public health be complied with, streets and public premises be cleaned daily, statutory authorities levy and recover charges from any person violating laws and ensure scientific disposal of waste, landfill sites be identified keeping in mind requirement of the city for next 20 years and environmental considerations, sites be identified for setting up of compost plants, steps be taken to prevent fresh encroachments and compliance report be submitted within eight weeks. Further observations in the judgment of Supreme Court1are:
"3. The petitioner has handed over a note in the Court showing the progress that has been made in some of the States and also setting out some of the suggestions, including the suggestion for creation of solid waste management cell, so as to put a focus on the issue and also to provide incentives to those who perform well as was tried in some of the States. The said note states as under:
"1. As a result of the Hon'ble Supreme Court's orders on 26- 7-2004, in Maharashtra the number of authorisations granted for solid waste management (SWM) has increased from 32% to 98%, in Gujarat from 58% to 92% and in M.P. from NIL to 34%. No affidavits at all have been received from the 24 other States/UTs for which CPCB reported NIL or less than 3% authorisations in February 2004. All these States and their SPCBs can study and learn from Karnataka, Maharashtra and Gujarat's successes.
2. All States/UTs and their SPCBs/PCCs have totally ignored the improvement of existing open dumps, due by 31-12-2001, let alone identifying and monitoring the existing sites. Simple steps can be taken immediately at almost no cost by every single ULB to prevent monsoon water percolation through the heaps, which produces highly polluting black run-off (leachate). Waste heaps can be made convex to eliminate standing 1 (2004) 13 SCC 538 3 water, upslope diversion drains can prevent water inflow, downslope diversion drains can capture leachate for recirculation onto the heaps, and disused heaps can be given soil cover for vegetative healing.
3. Lack of funds is no excuse for inaction. Smaller towns in every State should go and learn from Suryapet in A.P. (population 103,000) and Namakkal in T.N. (population 53,000) which have both seen dustbin-free 'zero garbage towns' complying with the MSW Rules since 2003 with no financial input from the State or the Centre, just good management and a sense of commitment.
4. States seem to use the Rules as an excuse to milk funds from the Centre, by making that a precondition for action and inflating waste processing costs 2-3 fold. The Supreme Court Committee recommended 1/3 contribution each from the city, State and Centre. Before seeking 70-80% Centre's contribution, every State should first ensure that each city first spends its own share to immediately make its wastes non-polluting by simple sanitising/stabilising, which is always the first step in composting viz. inoculate the waste with cow dung solution or bio culture and placing it in windrows (long heaps) which are turned at least once or twice over a period of 45 to 60 days.
5. Unless each State creates a focussed 'solid waste management cell' and rewards its cities for good performance, both of which Maharashtra has done, compliance with the MSW Rules seems to be an illusion.
6. The admitted position is that the MSW Rules have not been complied with even after four years. None of the functionaries have bothered or discharged their duties to ensure compliance. Even existing dumps have not been improved. Thus deeper thought and urgent and immediate action is necessary to ensure compliance in future."
4. In this regard, reference may also be made to orders of Hon'ble Supreme Court in Municipal Council, Ratlam vs. Vardhichand2 and B.L. Wadhera v. Union of India and Ors.3 laying down that clean environment is fundamental right of citizens under Article 21 and it is for local bodies as well as State to ensure that public health is preserved by taking all possible steps. For doing so, financial inability cannot be pleaded.
2 (1980) 4 SCC 162 3 (1996) 2 SCC 594 4 We note that even after 26 years of monitoring, 18 years by Hon'ble Supreme Court and eight years by this Tribunal, ground situation remains unsatisfactory.
5. In furtherance of monitoring of solid and liquid waste, Pan India, from different States, Chief Secretaries were called on different dates to discuss the matter and to place progress reports before Tribunal.
6. In respect of State of Assam, matter was last considered on 27.01.2023 on which date, compliance status in Assam as presented by Chief Secretary as on 25.11.2023 was as under:
"SUMMARY OF STATUS A: Solid Waste Management Quantity of Waste Gap in Quantity of waste Quantity of Legacy waste Processed generation and being disposed in waste in the State generation in (in TPD) Processing landfills (Tones) the State (in TPD) (in TPD) (in TPD) Wet waste: 611 Dry Waste: 533 Inert: 140 532.0 752.0 752.0 32.97 lakh MT 1284.0 (103 ULBs & 1 MC) B): Sewage Management Quantity of Utilization of Current Gap Utilization of treated sewage in sewage Treatment in treatment generation in capacity (in MLD) Agriculture/ Industrial Any other the State (in MLD) Horticulture purpose purpose (in MLD) purpose 435.35 Nil 435.35 ---
7. Tribunal found that position of handling, management and disposal of solid and liquid waste in State of Assam was very poor and in respect of sewage management, it was almost at the nascent stage as no 5 sewage was being treated at all and gap was 100%. In the matter of solid waste management also total generation was 1284 TPD and processing facility was only in respect to 532 TPD. There was a gap of 752 TPD.
There was legacy waste of 32.97 lakh metric tonne which was also required to be remediated.
8. Making detailed observations in the order, Tribunal found that environmental compensation of more than thousand crores for past violation would have been payable by State of Assam but considering the stand taken by Chief Secretary, Assam that funds are no problem and it will create a separate ring-fenced account by crediting Rs. 1043 crores for the purpose, Tribunal passed order accordingly.
9. Order dated 27.01.2023 also directed Chief Secretary to submit progress reports on six monthly basis.
10. We are informed that since then two reports have been submitted on 27.07.2023 and 17.02.2024. A separate presentation as also report has also been placed on record today along with letter dated 19.03.2024.
11. From the report, we find that in respect of daily generated solid waste, gap is still 752 TPD. However, it is said that legacy waste of 32.97 lakh MT has been reduced by 7.96 lakhs metric tonne which has been remediated but the report has omitted that gap of 752 TPD in the last 14 months must have resulted in generation of more than 4 lakhs metric tonnes further legacy waste on account of unprocessed waste of 752 TPD and, therefore, remediation of 7.96 lakhs metric tonne does not represent a correct picture since further creation of legacy waste quantity has not been taken into consideration.
612. Report shows that some steps are in process with regard to solid and liquid waste management but the fact remains that till date position, as it was on the last date, i.e., 27.01.2023 is virtually continuing and there is no noticeable/appreciable improvement whatsoever
13. With regard to sewage management, gap is same i.e. 435.5 MLD as it was on the last occasion. Details of solid and liquid waste management given in the report dated 19.03.2024 are reproduced as under:
"A. Solid Waste Management:
Serious measures has been adopted for processing of solid waste generated, door to door collection, source segregation and backyard composting trough community participation and systemic and scientific intervention through professional agencies. So far, out of the identified gap of 752 TPD by Hon'ble NGT in the last hearing on 27/01/2023, an RDF cum Compost plant with a capacity of 150 TPD funded under SOPD will be operational from April, 2024 in Guwahati (GMC), a 10 TPD MRF through CSR initiative has already been made operational in GMC. MRF capacity of 100 TPD at Guwahati to be operational from April,2024.
Out of a total 95 DPRs prepared based on real time data, works for 10 ULBs with a capacity 304.5 TPD(Dry + Wet) has already started on ground. Process is also underway for the rest of the ULBs to have MRFs constructed.
B. Used Water Management:
As per Hon'ble NGT's directions, state of Assam, in order to fill up the gap in remediation of the generated sewage, Sewage Treatment Plant with an overall total capacity of 340.50 MLD inter alia the gap of 435.5 MLD observed by Hon9ble NGT, has been planned and now are under various stages of development.
15 MLD of sewage is being bio remediated at Silsako Beel before release into Brahmaputra by GMDA 7.59 MLD of waste water generators by hospitals/hotels etc are now being treated in situ.
3 FSTPs constructed in Goalpara (7 KLD), Titabar (10 KLD) and Tinsukia (20 KLD) are already operational and another one FSTP at Guwahati (20 KLD) will be operational from April, 2024.
28 more FSTPs will be constructed on cluster basis with technical assistance from UNICEF. This will have a capacity of 352 KLD in total.
C. Legacy Waste Management:
7Out of a total of 33 lakh MT of legacy waste as identified by hon'ble NGT for remediation, 7.96 lakh MT have already been remediated in GMC, North Lakhimpur, Jorhat, Tinsukia, Digboi, Doomdooma, Mariani and Margherita leading a progress of 23.4% till date. 38 Bighas of land have already been reclaimed in these ULBs.
Moreover, EIMC, DoNER has approved INR 70.52 Cr to remediate 8.3 Lakh MT of legacy waste in 39 ULBs where tendering to begin shortly.
As directed by Hon'ble NGT, six monthly compliance reports have been submitted at regular intervals:
1. First report submitted on 27/07/2023
2. Second report submitted on 17/02/2024
2. Directions The Tribunal passed following major directions on actions required to be taken for solid and liquid waste management and ring-fencing amount for management of the same :
Solid Waste Management: Directions were given to undertake measures for filling up the gap of 752 TPD in waste processing and emphasis was given Segregation of the Solid Waste at source, adequate composting /vermi composting/bio-methanation and development of Plastic waste and Construction & demolition processing plants Legacy Waste Management: A total 33 lakh MT of legacy waste were directed to be remediated in accordance with guidelines/SOPs laid down by CPCB and expeditious execution of the remediation works.
Used Water Management: Based on the data presented by the Chief Secretary showing a gap of About 435.5 MLD generation and treatment of sewage, Hon'ble NGT has directed that appropriate treatment of such waste cost-effective methods has to be undertaken ensuring that no faecal contaminants are discharged into water streams/ponds/rivers. Sanctity and significance of natural storm water drains were directed to be maintained. Directions were given for STPs to have Co-treatment facilities of septage rather than having isolated FSTPs.
Making funds available out of Ring fenced amount: From the State commitment of a total ring fenced amount of Rs. 1014.18 Cr., an amount of Rs. 10.74 Cr has already been made available to the ULBs / Agencies.
A detailed compliance report of the above directions has been incorporated in the following paragraphs :
3. City and Town wise Information: Details at Annexure-A
4. Sewage Management 8
i) Sewage Generation - 435.5 MLD
ii) Existing Sewage Treatment and the gap -
a) Existing treatment capacity, current utilization capacity, reasons for under utilization: 22.59 MLD • 15 MLD of sewage is being bio remediated at Silsako Beel before release into Brahmaputra by GMDA • 7.59 MLD sewage is present which is generated in the Hospitals, Hotels, Apartments in Guwahati city are being treated in-situ.
b) Gap - 413.11 MLD.
To mitigate the gap, 340.5 MLD sewage treatment capacity is planned as detailed below.
4.1 Executable and Time bound plan to complete the Gap is attached below:-
Location Generation Planned Remarks (MLD) STP (MLD) Guwahati 125.88 189 Approval has been accorded by Govt of Assam for an amount of Rs,1460.37 Cr for 3 Nos of STPs to be implemented under JICA assistance is underway. Process of onboarding of PMC has started.
1. No of STP of 2 MLD capacity by GMDA at Borsola is expected to be operational by October,2024 Nagaon MB 14.53 2 Partial commissioning to be done after Model Code of Conduct is over Dibrugarh MB 16.83 6 Tendering process to start shortly subject to the approval of SLMC, AMRUT 9 Silchar M.B. 22.24 2 Tendering process to start shortly subject to the approval of SLMC, AMRUT 6 ULBs (Bongaigaon, 52.89 19.5 Tender floated by Dhubri, Mangalda SBM 2.0. for 6 Tezpur, Jorhat & ULBs Tinsukia 6 ULBs (Margherita, 27.73 16.1 DPRs prepared Mariani, Karimga and Nalbari, Sibsagar & 5 DPRs shared Golagh with ULBs as well as MoHUA by SBM 15 ULBs 66.76 33.9 DPRs under preparation.
16 ULBs 27.59 16.5 EOI floated for adopting low cost nature based technologies as these ULBs are having population less than 20,000.
49 ULBs 83.97 57.75 CSAP has been prepared.
4.2 Faecal Sludge and Septage Management :
Construction of FSTPs in 32 ULBs of capacity of 352 KLD are taken up with technical assistance from UNICEF. An amount of Rs. 39.11 Cr. is earmarked under 15th FC for the same. Out of the same -
Two FSTPs at Titabar MB(10 KLD) , Goalpara MB (7KLD) are already operational and inauguration of another one FSTP at Tinsukia (20 KLD) was done on 10.03.2024. One FSTP with a capacity of 20 KLD will be operational in Guwahati from April, 2024.
Construction of another 6 FSTPs with a total capacity of 50 KLD is in advanced stages in Kokrajhar, Golaghat, N Lakhimpur, Dhemaji, Bokakhat and Mariani around 50%. The rest 22 FSTPs with capacity of 265 KLD is under various stages of construction.
4.3 Remediation of water bodies in Guwahati City:
As per point no.38 of the Hon'ble NGT's directions in its hearing dated 27.01.2023 and to address the adverse effect of such used water and to improve the water quality, several actions has been taken viz: Rejuvenation, Remediation of the Beels and river 10 channels, setting up of STPs, cleaning and distillation works of the river channels.
The five major river channels that carry used water in the city viz Basistha, Bahini, Mora Bhoralu, Bhoralu and Lakhimijan. There are three major water channels/bodies through which most of the used water of Guwahati city drains into Brahmaputra river. These are DeeporBeel, Bhoralu river and Silsakobeel For remediation of these water bodies following steps has been taken:
i. De-silting and rejuvenation projects taken in Silsako beel after which the water quality has improved significantly as shown below:-
Parameter Value Value
as on 2019 as on January, 2024
pH (Mg/Litre) 7.2 7.42
BOD (Mg/Litre) 46.2 9.2
COD (Mg/Litre) 170. 47.0
4
ii. Work started for a STP of 2 MLD capacity at Borsola Beel.
iii. Cleaning and de-silting activities done for five major river channels namely Bahini, Bharalu, Mora Bharalu, Lakhimijaan and Basistha in Guwahati. Details at Annexure-B 4.4 Making funds available out of Ring fenced amount:
From the state commitment of a total ring fenced amount of Rs. 1014.18 Cr., an amount of 10.74 Cr. has already been made available to the ULBs/Agencies.
4.5 Following measures has been taken by SBM(U), Assam to fast-track the construction of STPs:
a. Land for setting up STP and FSTP has been expediently provided by the District Magistrates through personal intervention of Chief Secretary, Assam b. SBM(U), Assam has floated tenders for 6 ULBs centrally to avoid lag in STP construction completion timeline c. To minimize the time in DPR preparation and Construction of STPs, SBM(U), Assam has floated EoI Notification to empanel efficient agencies for STP construction in EPC mode. d. Support obtained from MoHUA for DPR/Tendering documents to prevent retendering/delay.
5.0 Solid Waste Management:
(i) Waste Generation-1311 TPD (assessed based on per capita).
Plastic Waste Generated- 272 TPD C&D Waste Generated- 96.10 TPD.
(ii) Waste Collection- 1285 TPD.
11(iii) Waste Processed- 941* TPD. (681+260 as mentioned below) About the existing processing facility :
An MRF of 10 TPD capacity constructed in GMC under HDFC's CSR is operational from 12th March, 2024. An RDF plant with capacity of 150 TPD in Guwahati is to be operationalized from April, 2024 that will reduce the gap in processing by 20%.
MRF facility with a capacity of 100 TPD to be operational from April, 2024 in Guwahati.
One Waste to Energy plant is operation at Chatribari, Guwahati of a capacity of 5 TPD with an output of 800 units of power and 450 Kgs of manure.
Most of the ULBs of Assam are in peri urban in nature, therefore more emphasis is given in in house composting such as backyard/pit composting rather than centralized processing of waste.
Through a model ward initiative in all 103 ULBs of Assam, The state has created 6800 Nos. of backyard compost pits with active participation from 82 NGOs, 398 SHGs and 677 informal waste pickers.
However, in few ULBs waste is getting processed in existing MRFs.
In rest of the ULBs, waste is directly getting transported to the dumpsites.
5.1 Measures taken to fill the gap of waste generated and processed:
Hon'ble NGT has observed a Gap of 752 TPD of waste to be processed. In response to that SBM(U), Assam has planned for processing being future ready and has undertaken following measures to achieve the same :
i) A RDF cum waste to compost plan with a capacity of 150 TPD will be operational from April , 2024 in Guwahati as developed by GMC
ii) An MRF of 10 TPD capacity constructed in GMC under HDFC's CSR Initiative.12
iii) An MRF of capacity 100 TPD will be operational by April, 2024 in Jail Road, Guwahati.
iv) Guwahati has been selected in top 18 ULBs for CITIIS 2.0 under NIUA. A dedicated C&D waste management plant (100 TPD) will be constructed as a part of this project along with 1(one) 200 TPD Waste to Compost(or similar) plant, 1(one) RTS of 100 TPD and 1(one) MRF of 100 TPD capacity. Further, a Guwahati circulatory repository for innovation and engagement in waste management will also be set up
v) out of total 48 Detailed Project Reports (DPRs) approved for a total capacity of 526.5 TPD(Dry +Wet), 10 work orders have already been issued in Nagaon, Nalbari, Chapar, Kokrajhar, Barpeta road, Sarupathar-
Borpahar, North Lakhimpur, Silchar, Silapathar with a capacity of 304.5 TPD(Dry + Wet) in total and tenders have also been floated for another 30 ULBs where work will start immediately after the Model Code of Conduct is over. Apart from this, DPRs for 46 more ULBs for a total capacity of 462.6 TPD (Dry+Wet) have been shared with the ULBs and MoHUA for verification.
vi) MoU has been signed with OIL/NRL for development of Compressed Bio Gas Plant (CBG) by GMC (75 TPD), Sivsagar MB(60 TPD) and Tinsukia MB (50 TPD)and the same is in pipeline for Jorhat (60TPD) and Silchar (60TPD). This will be over and above the backyard composting drive created in the ULBs.
vii) On-boarded well equipped and professional agencies for which intense campaign for Door to door collection and source segregation through policy formation, vehicle route map preparation, IEC activities and capacity building is being done. A sample city action plan prepared in this regard is attached as sample.
vii) Started Model Ward initiative by SBM (U) in all 103 ULBs of Assam. In this initiative 6800 backyard compost pits and124 central compost pits were created for wet waste processing.
viii) 218 nos. of Auto Trippers with separated storage chambers distributed to ULBs on 3rd July, 2023 for Door to Door Collection at primary level.113 e-vehicles being distributed to ULBs for primary collection.
ix) Existing primary collection vehicles were mapped and retrofitted as per Swachh Survekshan Toolkits.
x) Floated EoI Notification to empanel efficient agencies for MRF Operation, Door to Door IEC Activities, promoting source segregation and backyard composting.
xi) Periodic IEC activities undertaken in major festivals like Swachh Holi. Swachh Biswakarma Puja, Swachh Durga Puja, Swachh Diwali and Swachh Saraswati Puja. ULBs also actively participated in each central and state IEC activities like Indian Swachhata League 2.0, Swachhata hi Seva, SwachhTeerth Campaign etc.
xii) 'Swachh School Swachh Shehar' campaign launched with Akshar Foundation in Guwahti to promote source segregation and sense of sanitation among school children.
xiii) Task Force constituted at ULB level and District level for better Municipal Solid Waste Management.
136. Progress in Legacy Waste Remediation since last hearing Out of total of 33 Lakh MT of Legacy Waste as observed in Assam by Hon'ble NGT in last hearing, 7.96 Lakh MT Legacy Waste in GMC, Tinsukia, Jorhat North lakhimpur MB, Doomdooma MB, Margherita MB and Mariani MB has been remediated and 67 bighas of land reclaimed. A progress of 24% is attained since the last hearing of Hon'ble NGT .
Sl ULB Name Remediated Progress Present
Qty(MT) Status
1 N Lakhimpur 39000 100% 67 Bigha
MB land
reclaimed.
2 Doomdooma 18000
3 Margherita 25000
4 Mariani 10560
5 Tinsukia & 50000
Makum
6 Digboi 19200
7 GMC 586960 39% Remediation
8 Jorhat 47661 30% work going
on.
Total 796381
EIMC, DoNER approved INR 70.52 Cr to remediate 8.3 Lakh MT of legacy waste in 39 ULBs. Tendering to begin shortly.
Details of Refused Derived Fuel (RDF) from the Legacy waste remediation sites are being sent to Dalmia Cement Factory for Co-processing:
Sl. No ULBs RDF sent for Co- Source
processing
1 GMC 25000 MT Legacy Waste
2 North Lakhimpur 1000 MT
3 Jorhat 249.93 MT Seized Plastic
4 Nagaon 450 Kg
5 Raha 35 Kg
6 Tezpur 253.82 MT
14
7.0. Points of Consideration :
(i) State Budget including Ring Fenced and coverage under other Centrally assisted programs :
Sl Component Particulars Budgetary Central Provision Total no provision in Like SBM (Central state budget 2.0/AMRUT/NESI + State) for ongoing D/EAP (Rs. in and Crore) proposed projects in Rs. Crore 1 Waste to Compost (GMC) 17.25 17.25
--
2 Wet/Dry/Ine rt 118.3 363.35
processing (SBM 2.0)
facilities for 233.99
96 ULBs
3 Landfill for
GMC 11.06
4
Solid
Waste Legacy waste
Management management for 172.5 275.23
GMC 102.73
(Proposed under
NESID)
5 Legacy waste
management
for Jorhat 10 10.00
MB
---
6 Additional
Sum for
Legacy Waste 122.98
122.98
Management
Total 567.78 221.03 798.81
7 Used Water Guwahati
Management Borsola STP 15.99 --- 15.99
8 Nagaon STP 12.56 --- 12.56
9
10 Guwahati 3
Nos( Silsako,
Borsola and
Pachim 2365.00
Boragaon) of -- 2365.00
(EAP)
187 MLD
11
15
12 STP for 92 ULBs 350.78
417.85 (SBM 2.0) 768.63
13 54.036 54.036
(AMRUT 2.0)
2 ULBs
(Silchar MB ---
&Dibrugarh MB)
reclaimed
Total 2769.816 3216.21
446.40 6
Grand Total 2990.846 4005.02
1014.18 6
An online platform for updation of data regarding compliance of Hon'ble NGT guidelines/directions is being developed.
Technical assistance Stakeholders/line Departments will be
(ii) at District level provided with login ID for updation of data corresponding to their respective Department/District • Assam took Model Ward initiative in all SWM measures taken 103 ULBs of Assam. In this initiative
(iii) in small ULBs 6800 backyard compost pits were created and 82 NGOs, 308 SHGs and 677 Informal Waste-workers participated.
16• Engaged efficient agencies for Door to Door IEC Activities, Promoting Source Segregation and Promoting Backyard Composting, route mapping and retrofitting of waste collecting vehicles initiated. A sample copy of the action plan prepared is attached along.
• MRFs and SLFs being developed in 95 ULBs for sustainable management of Municipal Solid wastes generating from the ULBs. 10 Projects have already started.
To explore Nature Based low cost Technologies to minimize the CAPEx and UWM measures taken OPEx in ULBs having less than 20,000 in small ULBs. populations EoI notification published for empaneling efficient agencies for setting up STPs on EPC mode.
Support taken from MoHUA for model DPRs/Bid documents to avoid delay in
(iv) Support from MoHUA tendering process.
SBM-(U), Assam has given emphasis in reusing the treated water.
Emphasis to Dedicated policy for reutilization of maximize use of
(v) treated water being drafted by UNICEF.
treated sewage water. SBM-(U), Assam is also focusing on reusing treated water in ULBs to become Water+.
MoU signed for sending Refused Derived Fuels generated due to remediation of Legacy Wastes from GMC to cement plant for co-processing.
Utilization of Legacy MoUs signed in Margherita and
(vi) Waste Remediation Doomdooma ULB with cement factory for by-products co-processing the RDFs.
Inerts generating from Legacy Waste Remediation in N Lakhimpur MB were used for low land filling using Geo-mats.
A dedicated cadre of 103 "Assam Urban Innovative Administrative Service" officers have been
(vii) Ideas/initiatives created wherein the 1st batch of Executive undertaken Officers have been recruited through APSC.
Most Outstanding District Initiative (MODI) has been introduced by the Govt of Assam to award the best performing district with an amount of R. 100Cr based on assessment of existing sanitation infrastructure and preparedness for providing the same.
17As per directions of Hon'ble NGT, exposure visit was made by officials from DoHUA to the State of Odisha to study the Nature Based Technologies used in the existing STPs in Odhisa and the same was used for floating EOI for empanelling agencies to construct STPs in small ULBs having less than 20,000 populations has been floated Govt. of Assam has approved a unique initiative of "Doh Sahar Ek Rupayan" to hand hold 10 major ULBs of the State to attain visible cleanliness.
14. Smt. Kavitha Padmanabhan, Commissioner and Secretary, Department of Housing and Urban Affairs, Govt. of Assam is present in person.
15. When we pointed out above deficiencies, she sought further time to file a detailed report. We also enquired as to in what manner legacy waste has been remediated and disposed of particularly with regard to utilization of stabilized material and the residues/rejects arising out of biomining process, since, details of such steps are not given either in the report or in presentation, on this aspect also, she seeks time to give further details. Similarly, no details have been provided on setting up of sewage treatment facilities and utilization of treated sewage with city and town-wise details.
16. We also find from record that direction of creation of ring-fenced account of Rs. 1043 crores has not been complied with so far and said ring-fenced amount has not been credited so far in a single consolidated dedicated account which has to be non-lapsable. She states that there is no fund deficiency in the matter but, could not explain as to why statement of Chief Secretary given before Tribunal in respect whereof even a letter was submitted to Registrar General, which is quoted in our 18 earlier order, has not been complied with and a ring-fenced account of Rs. 1043 crores has not been created. At this stage, she stated that compliance of earlier order with regard to creation of ring-fenced shall be made within one month. However, on mentioning about forthcoming elections, we find that there need not be any impediment in doing statutory compliance works and stopping or deferring at any stage.
17. In the above facts and circumstances, we permit Chief Secretary, State of Assam to file a further progress report taking into account the observations made above and submit a detailed report as on 31.08.2024 by 15.09.2024 by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF.
18. List the matter on 03.10.2024 for consideration of report in respect of State of Assam.
19. We are informed that for consideration of report in respect of State of Gujarat, 21.03.2024 is already fixed.
Sudhir Agarwal, JM Dr. A. Senthil Vel, EM March 19, 2024 Original Application No. 606/2018 (I.A. No. 163/2021) DV 19